York Panel Offers Rules Allowing More Burns

YORK — A set of proposed regulations governing leaf burning in York County was approved by the Planning Commission Monday night and will be forwarded to the Board of Supervisors.

Among other things, the commission proposes the county allow leaf burning on large residential lots on weekdays. It also would limit leaf burning to the hours of 9 a.m. to 9 p.m.

The rules represent an apparent compromise between the wishes of those who don't want open burning in their neighborhoods and the owners of large parcels who view burning as an easy way to dispose of leaves.

The commission's action ended a four-month exercise during which it took residents' comments and then drafted rules on a controversial issue that lies outside its normal purview of advising the supervisors on development-related matters.

``I think we came up with a fair strategy toward preserving the environment and taking care of the concerns of the citizens,'' said Planning Commission Chairwoman Dawn Griggs. ``We heard the loudest comments from those that wanted to ban leaf-burning completely.''

The commission recommended that the supervisors adopt an ordinance that allows burning under certain conditions, but with an eye toward banning all forms of open burning by Jan. 1, 2000. That date coincides with a similar ban to be enacted by the state for the Hampton Roads region, county officials have said.

Among the proposed regulations:

* Leaves can be burned on residential property only by a person living on that property.

* Leaf-burning will not be allowed on Sundays or holidays.

* The burn pile may not be within 350 feet of any occupied home other than the home on the property. This rule is intended to ban burning in most new residential subdivisions, where most houses are close together.

* The burn pile may not be within 50 feet of any structure.

The commission also recommended that the county seek enabling legislation from the General Assembly authorizing it to treat violations of the proposed leaf-burning ordinance as civil matters rather than criminal.

The commission's proposed regulations are an outgrowth of a process that began in February, when the supervisors overturned a ban on the open burning of yard debris enacted the previous November by a different board.

The November ban was adopted as a response to complaints about air pollution caused by open burning and as a way of reducing a fire hazard. But some others complained that the measure wasn't adequately publicized and said the ban was detrimental to owners of large parcels who rely on burning to dispose of yard debris.

The supervisors' February action allowed the open burning only of leaves from trees - what the ordinance said prior to the yard debris-burning ban. State regulations ban general open burning but gives localities authority to allow, regulate or prohibit the burning of leaves.

The supervisors then gave the matter to the Planning Commission, which held three hearings during April at which 41 people spoke.

Altogether, 122 people voiced an opinion through hearings, petitions or by phoning in. Eighty-six favored a leaf-burning ban.

Griggs said it was the commission's normal role as an advisory body that prompted the supervisors to ask it to study leaf burning.